CHILD CUSTODY
Understanding Child Custody in Texas
Child custody, legally referred to as "conservatorship" in Texas, involves determining the rights and responsibilities of parents towards their children following a divorce or separation. In Texas, the primary focus in any child custody case is the best interest of the child, with an emphasis on ensuring a stable, safe, and supportive environment for their growth and development.
Types of Conservatorship in Texas
Joint Managing Conservatorship (JMC): Texas courts favor Joint Managing Conservatorship, where both parents share the rights and responsibilities of raising their children, although this does not necessarily mean equal physical custody. Decisions regarding education, medical care, and religious upbringing are typically made jointly in a JMC arrangement.
Sole Managing Conservatorship (SMC): In cases where joint custody is not in the best interest of the child—due to factors such as a history of family violence, substance abuse, or other concerns—one parent may be awarded Sole Managing Conservatorship. This grants them the primary legal right to make decisions concerning the child.
Parenting Plans and Visitation
Texas requires a parenting plan in all cases involving children, which must detail custody arrangements and visitation schedules, known as possession and access. Standard possession orders provide a schedule that typically allows the non-custodial parent to have the child on the first, third, and fifth weekends of each month, one evening per week during the school term, alternating holidays, and extended time during school vacations.
How Hiring a Lawyer Can Help
Expert Guidance: Navigating child custody laws in Texas can be complex. An experienced family law attorney can provide crucial guidance and clarity, ensuring that your legal rights and your children’s best interests are protected.
Advocacy and Negotiation: A skilled lawyer can advocate on your behalf in negotiations or in court, striving to reach a custody agreement that reflects your child’s needs and your parental rights.
Legal Strategy: With deep knowledge of Texas family law, an attorney can develop a strategic approach tailored to your specific situation, helping to achieve the most favorable outcome.
At Chowdhry & Lee, PLLC we are dedicated to supporting families through the challenges of child custody proceedings. Our compassionate and knowledgeable team will work tirelessly to ensure that your rights are upheld and your children’s welfare is prioritized. Contact us today to learn how we can assist you during this critical time.
Possession Orders
In Texas, a possession order is part of a child custody agreement and outlines when and how each parent will spend time with their child. This order is crucial for establishing a consistent and stable schedule for the child and for ensuring that both parents have the opportunity to maintain a meaningful relationship with their child after a separation or divorce. Here's an overview to help explain possession orders for your website:
Understanding Possession Orders in Texas
Standard Possession Order (SPO): The Texas Family Code provides a Standard Possession Order, which most courts use as a starting point. The SPO is designed to be fair and workable for both parents under typical circumstances. It specifies the times that each parent will have physical possession of and access to the child.
Key Features of the Standard Possession Order
- Weekends: Typically, the non-custodial parent (parent with whom the child does not primarily live) will have the child on the first, third, and fifth weekends of each month, from Friday to Sunday.
- Midweek Visits: For parents who live within a close geographic distance, the non-custodial parent often has midweek visitation rights, typically on Wednesday evenings.
- Holidays: The SPO includes provisions for alternating holidays between the parents. For example, one parent may have the child for Thanksgiving in odd-numbered years while the other has the child during even-numbered years. Winter break, spring break, and other holidays are similarly divided.
- Extended Summer Possession: The non-custodial parent usually has an extended period with the child during the summer vacation, which can be up to 30 days.
Custom Possession Orders
While the Standard Possession Order works well for many families, it may not be suitable for everyone. Factors such as the parents’ work schedules, the child's school and extracurricular activities, and the geographical distance between the parents' homes can necessitate modifications.
Modifications to Possession Orders
- Expanded Possession: This can include longer weekend periods, such as from Thursday to Monday morning, or extended midweek visitations.
- Limited Possession: In cases where there are concerns about the child's safety and welfare (e.g., history of abuse, neglect, or substance abuse), the court may order supervised visitations or limit the time a parent can spend with the child.
How Hiring a Lawyer Can Help
- Tailored Agreements: A lawyer can help negotiate a possession order that specifically addresses your and your child's needs, potentially deviating from the SPO to better suit your unique circumstances.
- Advocacy: In court, a lawyer can advocate for your interests and argue for a possession order that best supports your child’s development and your parental rights.
- Modification and Enforcement: If changes in circumstances occur, a lawyer can assist in modifying the possession order. They can also help enforce the order if one parent does not comply with its terms.
At Chowdhry & Lee, PLLC, we understand that establishing a possession order that reflects your child's best interests while respecting your rights as a parent is paramount. Our experienced family law attorneys are here to guide you through the process of negotiating, establishing, or modifying possession orders. Contact us today to find out how we can assist you in securing the best possible outcome for your family.
Establishing Paternity in Texas
Establishing paternity is a critical step in ensuring that a child receives all the rights and privileges to which they are entitled, including financial support, access to health insurance, inheritance rights, and emotional benefits of knowing one's father. In Texas, paternity can be established either voluntarily or through legal proceedings.
Why Establish Paternity?
For the Child: Establishing paternity provides a child with a sense of identity and access to medical history from both parents, which can be important for health care decisions. It also secures the child’s legal rights to benefits such as Social Security, veterans' benefits, inheritances, and health insurance.
For the Mother: It allows the mother to share parental responsibilities and seek child support from the father.
For the Father: It grants the father legal rights to custody or visitation and the right to be involved in decisions about the child's life.
How to Establish Paternity in Texas
- Voluntary Acknowledgment: At any time before the child turns 18, both parents can sign a Voluntary Acknowledgment of Paternity (AOP) form. This is often done at the hospital at the time of the child's birth but can also be completed later. Signing an AOP legally establishes the man as the child's father without going to court.
- Paternity Suit: If paternity is disputed or if the father is not available to sign an AOP, either parent can file a paternity suit. This legal action can be initiated by the mother, the man believed to be the father, the child through a legal representative, or a government agency. The court may order DNA testing to determine paternity.
The Legal Process
- Filing a Case: A paternity suit is filed in the family courts. It can be filed by either parent or, in some cases, by the state if the mother is receiving public assistance.
- Court-Ordered DNA Testing: If paternity is contested, the court will order genetic testing, which is simple and painless. It typically involves swabbing the cheeks of the mother, child, and alleged father to collect DNA samples.
- Court Hearing and Order: After reviewing the DNA test results and any other relevant information, the court will issue a paternity order. If paternity is established, the court may also order child support, custody, and visitation rights at this time.
How Hiring a Lawyer Can Help
- Navigating the Legal Process: A family law attorney can provide valuable guidance through the complexities of filing and handling a paternity suit.
- Representation in Court: An attorney will represent your interests in court, especially if the case involves disputing or establishing paternity, arranging for child support, or negotiating custody and visitation rights.
- Ensuring Compliance: Legal representation ensures that all parties comply with court procedures and orders, helping to enforce or challenge paternity findings as necessary.
At Chowdhry & Lee, PLLC we understand the sensitivity and significance of paternity issues. Our experienced family law attorneys are committed to providing the support and representation you need to resolve paternity matters effectively and compassionately. Contact us today to discuss how we can assist you in establishing or disputing paternity.